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Florida Foreclosure Cases Get Crazy

Recent case activity in Florida foreclosures

April 10, 2013

By LISA D. BURDEN Mortgage Daily

 

Among some of the strange recent rulings emanating from Florida courts was a decision that Florida lenders can withdraw a foreclosure action in order to avoid penalties for submitting fraudulent documents. In another case, the judge — on her own — dismissed a lawsuit after hearing testimony from the lender’s first witness. A mortgage servicer in yet another case asked that a foreclosure be reversed because it had made an error, while a trial court judge’s denial of a lender’s request to dismiss a foreclosure on a loan that was cured was reversed at the appellate level.

The Florida Supreme Court ruled on Feb. 7 in Pino v. The Bank Of New York that judges can not stop lenders from voluntarily withdrawing mortgage foreclosure cases as a ploy to avoid being penalized for submitting fraudulent documents under current judicial rules.

A March 20 ruling in The Bank of New York Mellon, et al., v. Miguel Reyes, et. al., centers around an appeal by the Bank of New York in a foreclosure involving denial of its motion to set aside a default judgment nullifying an unpaid promissory note.

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Lisa D. Burden has been covering mortgage litigation and mortgage legislation for MortgageDaily.com since 2004 from the Washington, D.C., area. She holds a law degree from the University of Maryland. Lisa is the publisher of Maryland Employment Law Reporter and a freelance journalist who previously wrote for Institutional Investor publications and the Baltimore Daily Record.

e-mail Lisa at: burdenlisa@yahoo.com

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